Re: What you're saying is not accurate

At the crux of FSU /Clemson battle with ACC

‪The “wrong” contention is that ESPN has independent power to act alone, without a new vote of ACC members, to extend the agreement until 2037. Why you ask?‬

‪No school signed the amended agreement to give ESPN that right, and that is not given to ESPN in the document that was just released.‬

‪Phillips sent an email to the League member schools saying that “ he” , as the commissioner, had given ESPN the unilateral right to extend the agreement until 2037by letter. This was a giant leap above his responsibility and required a by school vote.

Clemson and FSU are now contesting whether the Commish could do that. No school signed or was asked to sign the document, or even vote verbally on the extension rights giving ESPN the unilateral right to extend to 2036!‬

‪That in theory is what blows up the GOR. There are also other ways that Clemson and FSU are fighting to break the extension but this is the nuclear info contained in the released document. The ACC NEVER voted to give espn the right to extend to 2036. That is a big issue for the ACC.

‪if true, ACC will be forced to settle with those that want out or go the way of the PAC12.‬

-esso

Message was edited by: EssoClub2®

What you're saying is not accurate

ChestyPuller0311®

Clemson Conqueror [11258]

TigerPulse: 100%

Posts: 4373

Joined: 2013

Aug 2, 2024, 10:42 AM

If the law requires both parties to unanimously agree to changes within an adhesion clause then the orders from any Court are a nullity and void from the beginning.

"Any departure from those recognized and established requirements of law, however
close the apparent adherence to mere form in method of procedure, which has the effect to
deprive one of a constitutional right, is as much an excess of jurisdiction as where there exists an
inceptive lack of power. ‘The substance and not the shadow determines the validity of the
exercise of the power.”

QUOTING Postal Telegraph etc. Co. v. Adams, 155 U.S. [688], 689, 698 [15 S.Ct. 268, 360, 39 L.Ed. 311
Wuest v. Wuest, 53 Cal.App.2d 339, 346 (Cal. Ct. App. 1942).

If Jim Phillips acted fraudulently without the discretion of the league members, then the entire contract is deemed as fraud. However, Clemson and FSU attorneys must raise the issue of fraud upon the discovery of the fraud.

"Fraud vitiates everything, and a judgment equally with a contract; that is, a judgment
obtained directly by fraud, and not merely a judgment founded on a fraudulent instrument; for, in
general, The Court will not go again into the merits of an action for the purpose of detecting and
annulling the fraud."
United States v. Throckmorton, 98 U.S. 61, 66 (1878)

To further the point, the entire G.O.R. contract is a nullity and holds no binding effect on persons or property.

“If from the plaintiff's own stating or otherwise, the cause of action appears to arise ex
turpi causa, or the transgression of a positive law of this country, there The Court says he has no
right to be assisted.”
Rountree v. Ingle, 94 S.C. 231, 77 S.E. 931, 45 L.R.A.(N.S.) 776, Ann. Cas. 1915A, 100

Clemson and FSU should seek sanctions against the ACC for frivolous pursuits of a legal cause of action.

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Our country won't go on forever, if we stay soft as we are now. There won't be any America because some foreign soldiery will invade us and take our women and breed a hardier race.

~Chesty Puller
Lt.General United States Marine Corps

Re: What you're saying is not accurate

At the crux of FSU /Clemson battle with ACC

What you're saying is not accurate

Re: What you're saying is not accurate

Re: What you're saying is not accurate

I would really like to know what

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